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Cost & Case Management - Coggle Diagram

- - - - limited cost recovery (rarely order a party to pay the other's costs), fewer formalities (parties generally represent themselves)
      - Standard directions: parties to file and serve on every party copies of docs they wish to rely on no later than 14 days before main hearing, original docs to be brought to hearing, notice of the hearing date (at least 21 days notice) and time allowed for the hearing CPR 27.4(2)
  - - - Further points: parties required to state DQ a complexity band, court can fix CMC and may fix pre-trial review CPR 28.12, parties must endeavour to agree directions and submit them 7 days in advance of CMC (if applicable), if court approved proposed directions, or issues own, CMC will be vacated
  - - - CPR 29.2- steps after allocation: court giving directions (less complex) or convening CMC to determine future conduct of the case. Further CMCs can take place later in complex cases, and on rare occasions CMCs can be held in intermediate/fast tracks
      - CMC: directions hearing, settlement, steps parties taken, compliance, any amendments to statements of case, disclosure, expert evidence, factual evidence, whether it will save costs to order a split trial when several issues 29 PD 5.3
        
        CMC procedure: any legal representative attends and must have sufficient authority CPR 29.3(2), if not CMC postponed (costs liable), client can be ordered to attend. Before: no less 14 days before first CMC- disclosure report and electronic documents questionnaire, at least 7 days before any CMC- file draft directions, before CMC: bundle/case summary/applications
        
        Directions: parties under express obligation to try and agree directions before CMC, agreed/proposed directions need to be submitted at least 7 days before any CMC (CPR 29.4). Model and standard direction packs produced by ministry of justice for multi-track with model paragraphs and these should be used as a starting point CPR 29.1, May vacate CMC if all directions required for future management and costs have been agreed
        
        Disclosure report form N263: both parties must produce a disclosure report in readiness for CMC (CPR 31.5(3)-(8)). Unless PI- no less 14 days before first CMC, each party must file and serve report verified by statement of truth that described docs that exist/may exist, described where/who they are with, describes storage of electronic docs, estimates broad range of costs with standard disclosure, states which disclosure directions are sought (disclosure report done by Jackson reforms). parties should consider electronic documents questionnaire if appropriate Form N264 (PD 31B) If used, EDQ needs to be filed with disclosure report CPR 31.5(4)
        
        Case summaries and applications:
        
        parties required to consider whether case summary will be useful at CMC (29 PD 5.6 (3) and 5.7). Short doc prepared by C, designed to assist court in understanding and dealing with issues, should contain chronology, factual issues agreed/in dispute, nature of evidence. Applications necessary (eg, to amend statements of case) should be raised immediately so it can be raised at soonest hearing
  - - - Notice of proposed allocation: court officer provisionally allocates and serves notice on each party (CPR 26.3(1)) the notice will also require parties to: file and serve DQ, file proposed directions (fast and above), for claims under cost management regime, file and serve a costs budget report and agreed budget discussion report (and will state the deadline for these steps)
      - Directions Questionnaire: Form N180 (small claims) or Form N181 (for all others). Within form: pre-action protocol, which court should hear, which track they think, complexity, interim applications, settlement (can request a stay for settlement) if all parties request a stay, claim stayed for a month CPR 26.5(2), other circum: court can stay proceedings if appropriate CPR 26.5(3), consider type of disclosure needed, list witnesses and what they will try to prove, if client wishes to rely on expert evidence, will need court's permission to do so, estimate time needed for trial. In multi track where cases fall within automatic costs management, parties file costs budget with DQ. Parties must attempt to agree directions and attach them (fast or above) CPR 26.4(1)(b)(v)
- - - - STS: Cases are managed with the aim of reaching trial no more than 8 months after the CMC with judgment 6 weeks thereafter. The maximum length of the trial is 4 days. Cases involving multiple parties, multiple issues or issues that require extensive evidence would rule out STS
      - FTS: flexible case management procedure where the parties agree, resulting in a more simplified and expedited procedure than the full trial procedure currently provided under the CPR. The FTS limits disclosure and oral evidence at trial to reduce trial time (which in turn facilitates an earlier trial date).
      - Difference: FTS focuses on disclosure and trial, STS focuses on short, specified time periods and provides different procedures from pre-action onwards